Florida DUI Conviction Penalties

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DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.

  • Under Florida law, DUI is proved by impairment of normal faculties. Unlawful blood alcohol level or breath alcohol level of .08 or above is a presumption of impairment.

Fine Schedule s. 316.193(2)(a)-(b), F.S.

  • First Conviction: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.
  • Second Conviction: Not less than $1,000, or more than $2,000. With BAL of .15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000.
  • Third Conviction More than 10 years from second: Not less than $2,000, or more than $5,000. With BAL of .15 or higher or minor in the vehicle: Not less than $4,000.
  • Fourth or Subsequent Conviction: Not less than $2,000.

Community Service - s. 316.193 (6)(a), F.S.

  • First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.

Probation - s. 316.193 (5)(6), F.S.

  • First conviction, total period of probation and incarceration may not exceed 1 year.

Imprisonment - s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.

  • First Conviction: Not more than 6 months. With BAL of .15 or higher or minor in the vehicle: Not more than 9 months.
  • Second Conviction: Not more than 9 months. With BAL of .15 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
  • Third Conviction: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.
  • Fourth or Subsequent Conviction: Not more than 5 years.

Impoundment of Immobilization of Vehicle - s. 316.193 (6), F.S.

  • Unless the family of the defendant has no other transportation: First conviction = 10 days; second conviction within 5 years = 30 days; third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.

DUI Misdemeanor Conviction: (Accident Involving Property Damage or Personal Injury)-s. 316.193 (3), F.S.

  • Any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1-year imprisonment).

DUI Felony Conviction: (Repeat Offenders or Accidents Involving Serious Bodily Injury)-s. 316.193 (2),(3) F.S.

  • Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment).
  • Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment) or if habitual/violent felony offender as provided in s. 775.084, F.S.

Manslaughter and Vehicular Homicide -s. 316.193 (3), F.S.

  • DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
  • DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years imprisonment).
  • Vehicular Homicide: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
  • Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of an accident is guilty of a First Degree Felony (nor more than $10,000 fine and/or 30 years imprisonment).

Driver License Revocation Periods for DUI -s. 322.271, F.S. and s. 322.28,F.S.

  1. First Conviction: Minimum 180 days revocation, maximum 1 year.
  2. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above.
  3. Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as "A" above; one conviction more than 10 years prior and one within 5 years, same as "B" above.
  4. Fourth Conviction: No hardship reinstatement.
  5. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.
  6. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above.

Commercial Motor Vehicles (CMV) – Alcohol-Related Convictions/Disqualifications - s. 322.61, F.S.

  • Persons convicted of driving a commercial motor vehicle with a blood alcohol level of .04 or above: driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance or refusing to submit to a test to determine the alcohol concentration while driving a commercial motor vehicle, driving a commercial motor vehicle while under the influence of alcohol or controlled substance, or driving a commercial motor vehicle while in possession of a controlled substance shall be disqualified from operating a commercial motor vehicle for a period of 1 year. This is in addition to any provisions of s. 316.193 for DUI convictions.
  • Second or subsequent conviction of any of the above offenses arising out of separate incidents will result in a permanent disqualification from operating a commercial motor vehicle.
  • There are no provisions for persons disqualified from operating a commercial motor vehicle to obtain a hardship (business or employment) license to operate a commercial motor vehicle.

At Cohen Law, P.A., we understand the uncertainty you may experience when charged with a DUI crime, the severity of penalties if convicted, and the impact a conviction may have on your life. We defend those charged with a DUI crime while aggressively protecting your legal rights.

Protect your rights by seeking the legal advice and representation of an experienced Lakeland DUI Criminal Defense Attorney / Lawyer.

Contact Lee A. Cohen at 863.646.7636 in the Lakeland, Winter Haven, Bartow, Polk County, and Central Florida Area.

COHEN LAW, P.A.

5430 Strickland Avenue,
Lakeland, FL 33812

Phone: 863.646.7636
Fax: 863.648.0983



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Lakeland, Winter Haven, Bartow, Polk County, and Cetnral Florida Attorney -Lawyer
Lee Adam Cohen
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Lakeland Criminal Defense Attorney - Lawyer, Providing Professional Misdemeanor and Felony Criminal Defense legal services for the Lakeland, Winter Haven, Bartow, Polk County, and Central Florida communities.

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